A man whose girlfriend and unborn kid ended up fatally struck by an Indianapolis police patrol car or truck near an I-465 onramp last year is suing the driving officer for damages in federal courtroom.
Marcus Lewis Jr. submitted the lawsuit in Southern District of Indiana court from Indianapolis officer Jonathan Henderson and the Metropolis of Indianapolis just times right after the one-calendar year anniversary of the tragedy.
In the lawsuit, Lewis Jr.’s lawyers allege that Henderson was driving 33 mph around the speed limit and made an illegal lane transform times right before he hit 23-yr-old Ashlynn Lisby.
“If a civilian drove this recklessly and killed two people today, that human being would possible deal with felony charges,” attorney Stephen Wagner explained in a information launch. “That person would also get rid of his or her position if driving a motor vehicle for an employer at the time of the accident.”
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The grievance alleges that Henderson was hardly ever disciplined for the lethal incident. When questioned for comment, IMPD referred IndyStar to the City of Indianapolis’ Business of Corporation Counsel, which explained it does not comment on pending litigation.
‘Still has nightmares’
In accordance to the complaint, Lewis Jr. and Lisby were being walking north on the shoulder of Harding Avenue just south of an onramp to the I-465 East the night of May 6, 2020. They were heading to their motel area.
Henderson, a 22-yr veteran of the force at the time, was in uniform and driving north on Harding Avenue. He was in a police vehicle and on his way to roll simply call.
Lewis Jr.’s lawyers say black box information received from the crash shows he accelerated to 78 mph and built an illegal lane change about a strong white line as he positioned his motor vehicle into the suitable flip lane.
He checked his rearview mirror as he geared up to flip onto the I-465 East, and his motor vehicle drifted more than the appropriate fog line. That is when he struck Lisby, launching her throughout the asphalt. Her entire body left an elliptical dent in the hood of his automobile and cracked his windshield.
“Marcus heard the influence, witnessed the speedy aftermath of this awful incident, and tried to assist Ashlynn,” the complaint reads. “Marcus still has nightmares about it far more than a year later on.”
Lisby was transported by ambulance to Eskenazi Hospital, where by she was pronounced dead. Her little one, Marcus Lewis III, was born alive through an unexpected emergency cesarean section he died moments later.
Legal professionals say crash report leaves out information
Lewis Jr.’s lawyers allege that police attempted to include up the incident. They mentioned IMPD well prepared a crash report that lists the primary lead to of the incident as the “pedestrian’s action.”
The crash report also allegedly states none of Henderson’s steps played a contributing position in the incident.
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“The incident report does not point out that Henderson was speeding, produced an illegal lane change, and was driving partly on the shoulder of Harding Road when he struck Ashlynn,” the criticism reads.
Lewis Jr. is asking the court docket to award compensatory damages for the dying of his baby, and punitive damages against Henderson.
At the time of the accident IMPD mentioned Henderson identified as for backup and rendered first assist to Lisby. They also claimed he collaborated with investigators and submitted to a blood attract to rule out impaired driving as a variable.
In May perhaps 2020 Lisby’s family set up an estate to start a individual wrongful dying lawsuit, court data present.
Simply call IndyStar courts reporter Johnny Magdaleno at 317-273-3188 or e mail him at [email protected] Follow him on Twitter @IndyStarJohnny